No tresspassing is not a felony. Entering with intent to steal property is not trespassing.
It's irrelevant what Dede's intentions were. The only thing relevant here is Kaarma's perception of Dede's intentions.
Curious, did you look up the legal definition?
Pertinent information:
See bolded above and read Montana definition of "land" below.
My reading is that Trespassing includes unposted land until implied permission is revoked, posted land, vehicles and buildings.
SO, Dede was trespassing.
Montana definition of robbery:
ROBBERY (Crime against Property)
The taking, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of another person by force or threat of force or violence and/or by putting the victim in fear of immediate harm.
If the jury believes Kaarma was in fear of immediate harm, then robbery, a felony, would make Kaarma's actions permissible.
Montana definition of burglary:
Elsewhere I read that Montana assumes that someone entering an occupied building intends to commit some additional crime.45-6-204. Burglary. (1) A person commits the offense of burglary if the person knowingly enters or remains unlawfully in an occupied structure and:
(a) the person has the purpose to commit an offense in the occupied structure; or
(b) the person knowingly or purposely commits any other offense within that structure.
(2) A person commits the offense of aggravated burglary if the person knowingly enters or remains unlawfully in an occupied structure and:
(a) (i) the person has the purpose to commit an offense in the occupied structure; or
(ii) the person knowingly or purposely commits any other offense within that structure; and
(b) in effecting entry or in the course of committing the offense or in immediate flight after effecting entry or committing the offense:
(i) the person or another participant in the offense is armed with explosives or a weapon; or
(ii) the person purposely, knowingly, or negligently inflicts or attempts to inflict bodily injury upon anyone.
(3) A person convicted of the offense of burglary shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both. A person convicted of the offense of aggravated burglary shall be imprisoned in the state prison for any term not to exceed 40 years or be fined an amount not to exceed $50,000, or both.
While, not definitely aggravated burglary, what Me Dede did was burglary, another felony, permitting Me Kaarma to use deadly force.
Does Montana have a mindreader machine that works on the dead?
I mean since nothing was taken and nothing was in the process of being taken... nor could Kaarma see what was going on anyway... not only didn't he know who was in there or what they were doing, he in fact didn't know if anyone was in there at all. So clearly he cannot have been aware of a "burglar".
Sorry, misdemeanor. That's it. Not that it matters since the death penalty has already been administered...